IN THE CASE OF:
BOARD DATE: 26 August 2009
DOCKET NUMBER: AR20090003935
THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:
1. Application for correction of military records (with supporting documents provided, if any).
2. Military Personnel Records and advisory opinions (if any).
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:
1. The applicant requests award of the Korean Presidential Unit Citation per Department of the Army, General Order Number 41-55, for the period 19 September 1950 to July 1952.
2. The applicant states, in effect, that he served with the 1st Artillery Observation Battalion in Korea from August 1950 to September 1951 except for when he was hospitalized. He was not aware that he was entitled to this specific award until June 2008 when it was noted in an association unit history report.
3. The applicant provides copies of his discharge certificate, his DD Form 214 (Report of Separation from the Armed Forces of the United States) with a separation date of 26 September 1952, his TAGO Form 01254 (Transcript of Military Record) and an excerpt from his Department of Veterans Affairs (VA) records.
CONSIDERATION OF EVIDENCE:
1. Title 10, U.S. Code, section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice. This provision of law also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicants failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so. While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicants failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.
2. The applicants military records are not available to the Board for review. A fire destroyed approximately 18 million service members records at the National Personnel Records Center in 1973. It is believed that the applicants records were lost or destroyed in that fire. However, there was sufficient evidence for the Board to conduct a fair and impartial review of this case. The primary record available to this Board is the applicants DD Form 214.
3. The applicant enlisted in the Regular Army on 3 August 1949 for a 3-year period of service. He completed basic and advanced individual training. He was awarded military occupational specialty 2356 (Field Artilleryman).
4. His military transcript record shows he departed for Korea on 11 August 1950 and arrived in Korea on 25 August 1950. He redeployed from Korea on 23 September 1951, returning to the Continental United States on 7 October 1951.
5. The applicant's units of assignment, to include his period of duty in the Republic of Korea, are not available for the Board to review.
6. On 26 September 1952, he was honorably discharged from the Regular Army. He was credited with a foreign service tour of 1 year, 1 month, and 27 days.
7. Item 27 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicants DD Form 214 shows award of the Army Good Conduct Medal, the United Nations Service Medal, and the Korean Service Medal with six bronze service stars.
8. The applicant submitted an excerpt from his VA files that states he served with the 1st Artillery Observation Battalion in the Republic of Korea from August 1950 to September 1951.
DISCUSSION AND CONCLUSIONS:
1. Based on the lack of available military personnel records, the Board cannot determine or verify the applicant's specific units of assignment when he served in the Republic of Korea. Therefore, the Board cannot award the applicant the Korean Presidential Unit Citation.
2. The applicant submitted an excerpt of his VA records as proof that he served with the 1st Artillery Observation Battalion in Korea. However, the VA records are not part of the applicant's official military personnel file. Therefore, this document (unlike orders or morning reports) cannot be used as justification to support the applicant's unit of assignment during his foreign service tour.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
_____x___ ____x____ _____x___ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
1. The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.
2. The Board wants the applicant and all others concerned to know that this action in no way diminishes the sacrifices made by him in service to our Nation. The applicant and all Americans should be justifiably proud of his service in arms.
______ _ _x______ ___
CHAIRPERSON
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.
ABCMR Record of Proceedings (cont) AR20090003935
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ABCMR Record of Proceedings (cont) AR20090003935
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